Fayaz Bukhari
SRINAGAR, Mar 25: As the Estates Department fails to challenge the State High Court order against a ‘trespasser’ in the Division Bench for the last three months, court has directed that his “peaceful possession of a prime property” worth Rs 50 Crore belonging to Estates Department at Brarinambal Srinagar should not be disturbed.
The Estates Department property worth over Rs 50 crore -PWD House Dalgate, PWD House No 2 and PWD House No 3 – in Dalgate Srinagar acquired by the PWD Department in 1950 and later transferred to Estates Department in 1968, is being claimed by one of the property dealers Abdul Ahad Mir who says that he is an attorney holder of the property and has approached the High Court.
First, the Estates Department didn’t appear in the case before the court against Mir and he got a favourable judgment. “Writ petition in view of short controversy is disposed of with the direction to the respondents 1 to 7 not to interfere with the peaceful possession of petitioner’s land measuring six kanals and 8 marlas, falling under the survey Nos 1614, 1615 and 1616 situated at Brarinambal Srinagar”, reads the judgment (dated 28-12-15).
Now for the last three months, as the department failed to challenge the High Court order before its Division Bench and Court has again passed an adverse order against the department.
Justice Ali Mohammad Magrey in his judgment directed for the implementation of earlier court order (dated 28-12-15) and said that the Estates Department is at liberty to get the order reversed in the Division Bench, which it failed to challenge for three months.
“The petitioner’s application seeking implementation of order passed on 28-12-15 can’t be rejected merely on the ground that they have no case for claiming the relief as the relief is based on an order which is passed in the writ petition without adjudication of the matter. For that reasons respondents are at liberty to avail the remedy and have the order reversed unless that is done, this court has no other scope but to ask for the implementation of order dated 28-12-15. In view of the above backdrop, the instant application is disposed off with the direction to respondents to implement the order dated 28-12-15 in letter and spirit”, reads the court order issued by the High Court.
Mir in the Jammu and Kashmir High Court had filed a writ petition (OWP No 2175/2015 titled Abdul Ahad Mir V/S State of J&K and Others) claiming that the property is in his possession.
After repeated attempts by Mir to grab the property, the Deputy Director Estates in Srinagar lodged an FIR in the Police Station Ram Munshi Bagh (FIR No 10/2016, Section 451-447, 332 RPC dated 13/02/2016). One more FIR about tres passing of the property has been registered against Mir in 2011 (FIR no. 197/2011 U/S 147, 447-A, 427 RPC).
After the last month’s FIR against Mir in trespassing, Police have provided the security to the Estates property with a static police guard headed by Assistant Sub-Inspector of Police (ASI) to prevent trespassing.
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